Order on Board

30 . 07.2025

1. The petitioner has challenged the order dated 14.05.2025 passed in Civil Suit No. 259A/2014 by the learned 13^th Civil Judge, Junior Division, Raipur, whereby an application moved by the petitioner under Section 39 of the Bhartiya Sakshya Adhiniyam , 2023, has been rejected.

2. The facts of the present case are that respondent No.1/plaintiff instituted a suit for declaration of title, possession and permanent injunction on the ground that the suit property was recorded in the name of his father, namely Late Shri Kundan Lal Agrawal and after his death, he became the owner of the suit property.

3. The defendant No. 1/petitioner filed his written statement and denied the plaint averments. Defendant No. 1 pleaded that a will-deed dated 23.04.1997 was executed by Late Shri Kundan Lal Agrawal in his favour, therefore, the plaintiff/respondent No. 1 has no right over the suit property.

4. The plaintiff filed his examination on oath under Order 18 Rule 4 of CPC and he was cross-examined thereafter.

5. The petitioner alleged those documents as forged and doubted the signatures of Late Kundan Lal Agrawal. A specific question was put to the plaintiff with regard to t